Water District Agrees to Settle False Claims Act Allegations

Posted on behalf of Arnold Law Firm in

phot illus of a damaged home due to storm damageMultiple California counties, including Clearlake Oaks County, were affected by severe storms during the winter of February 2017. Throughout the state, various counties experienced significant flooding and mudslides. The situation was bad enough that the Federal Emergency Management Agency (FEMA) declared a major disaster.

This declaration made it possible for counties to seek reimbursement assistance from the California Office of Emergency Services (Cal OES) and FEMA. One of the counties that applied for assistance was Clearlake Oaks County Water District (the District). However, by the time the District received assistance from FEMA and Cal OES, it had already received reimbursement payments from its insurer, California Joint Powers Insurance Authority (CJPIA).

The District should have returned the reimbursement assistance to FEMA and Cal OES. According to allegations from the United States, the District was fully aware that the funds they received from FEMA and Cal OES were an overpayment that they were not entitled to keep. However, the District did not return that funding.

Keeping that funding was a violation of the False Claims Act. According to a news report, further false statements were made by the District in the quarterly reports.  According to the United States, the District claimed that they were entitled to the full amount of funding they received and that there were no excess funds received.

The U.S. Attorney’s office, along with the Inspector General of the U.S. Department of Homeland Security have been aggressively investigating and prosecuting those attempting to commit fraud and keep funding they are not entitled to.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.